CPL- Session 3

Question 1

What does the Criminal Procedure Law provide for securing a defendant’s appearance in local criminal court if a criminal action has not yet commenced?

Answer 1

Several methods including:
* Arrest Without a Warrant (C.P.L. Article 140)
* Appearance Ticket (C.P.L. Article 150)

Question 2

What does the Criminal Procedure Law provide for securing a defendant’s appearance in local criminal court if a criminal action has been commenced?

Answer 2

• Issuance and execution of a warrant of arrest (C.P.L. Article 120)
• Issuance and service of a summons (C.P.L. 130)

Question 3

What happens at the time of the defendant’s appearance at arraignment if a criminal action has not been commenced?

Answer 3

An accusatory instrument will be filed.

Question 4

What is the purpose of a Summons and a Warrant of Arrest, what is the difference between the two?

Answer 4

To bring the defendant before the court for arraignment based on an accusatory instrument.

Summons directs defendant ot appear on a future date (lesser action)
Warrant of arrest brings defendant before the court (heavier action)

Question 5

When can a Summons be issued and who can issue them?

Answer 5

Both local criminal courts and superior courts can issue Summonses based on the filing of legally sufficient:
* Informations
* Prosecutor’s Informations
* Felony Complaints
* Misdemeanor Complaints

NO SIMPLIFIED INFORMATIONS

A superior court can issue a Summons on the basis of an Indictment
NO SUPERIOR COURT INFORMATIONS

Question 6

What must a Summons contain?

Answer 6

• Name of the issuing court
• Name of the defendant
• Offense charged
• Date of issuance
• Return date and time
• Direction for defendant to appear.

Question 7

Who may serve a Summons?

Answer 7

• Police officer
• Complainant at least 18 years old
• Any person at least 18 designated by the court.

Question 8

What are the answers to the following conditions in regards to issuing a summons:
* Who can apply
* Are there time limits
* Must the server have the summons with them/ show the summons
* When can it be served
* Where can it be served

Answer 8

• Anyone can serve
• No time limits
• Yes it must be on the server’s person and provided to the person being served
• Can be served any day, any time of day
• Must be served in the county of issuance or an adjoining county (Typical test question)

Question 9

What must the court direct if an accusatory instrument filed by police requires fingerprinting?

Answer 9

The court must direct the person to appear at an appropriate place for printing.

Question 10

What happens if the charge is a must print as per 160.10 (1) C.P.L. (Police Officer Complainant)

Answer 10

The court must direct that the defendant be printed at the time of arraignment.

Question 11

What can the court do if the charge is a must print and the complainant is not a police officer?

Answer 11

The court may direct printing if it finds there is reasonable cause to believe the defendant committed the offense.

MUST DIRECT PRINTING UPON CONVICTION